Advice
From offer to keys: how a sale really
Clearly explained for buyer, seller and tenant
Between the offer, the agreement and the deed there are often important differences. Think of suspensive conditions, an ongoing lease or the timing of when the property is actually available. On this page you get a clear overview of the process, the most common situations and the points of attention that help avoid disputes, delays and legal uncertainty.
The path from offer to keys
Click on a step and discover straight away how it works.
Offer
You make an offer on the property. An offer only becomes strong when it is complete, clear and realistic: what exactly is being bought, under which conditions you offer and whether you can pay the 10% deposit on time.
How to make a valid offer on a home?
Making an offer seems simple, but the document must be correct and complete. Whoever formulates clearly avoids disputes afterwards and knows better exactly what they are committing to.
An offer only becomes strong when it is complete, clear and realistic. Think in advance about three things: what exactly is being bought, under which conditions you offer and whether you can pay the 10% deposit on time.
What must an offer definitely include?
- 01
the identity of the buyer
- 02
a precise description of the property
- 03
the offered price
- 04
the validity period of the offer
- 05
the date and signature
What is best to add as well?
a suspensive condition for financing
clarity on when you want use of the home
an explicit mention of a garage, parking space or storage where applicable
Common pitfalls
An offer does not have to be complex, but it must be drawn up carefully. These are the mistakes we most often see come back in practice.
The object is described too vaguely
Whoever does not state exactly which property the offer concerns leaves room for interpretation. So always be specific about the address, the type of property and all the parts that are included.
The garage, parking or storage is forgotten
Especially with apartments this is a classic risk. When these parts are not explicitly included, there is a chance you will have to negotiate separately or pay extra afterwards.
Financing has not been thought through enough
Whoever makes an offer without sufficient preparation takes a risk more quickly. So get guidance if needed and check beforehand whether a financing condition is advisable.
The deposit is underestimated
Making an offer is more than proposing a price. Bear in mind that a 10% deposit often follows quickly and so must be financially feasible.
Compromis versus mutual purchase-sale promise
The difference usually lies not in the offer or the negotiation, but in what follows. The choice of process and any conditions determine how quickly the deed can follow and when the sale becomes legally final.
The compromis
Private sales agreement: the most classic and direct path towards the deed.
The purchase-sale promise
More interesting when more flexibility in timing is wanted.
When are you committed?
The sale is final on signing. All obligations are fixed immediately.
When are you committed?
Committed on exercising the option, or at the notarial deed.
Financial consequences
Registration duties within 4 months.
Financial consequences
Registration duties only on the actual sale.
Flexibility
Limited, via suspensive conditions.
Flexibility
Flexible and often longer timing: more time for financing or selling your own home.
Risks and points of attention
Rights and obligations pass to the heirs on death.
Risks and points of attention
Greater risk, with an interim phase without final commitment. The buyer backing out can be charged financially, such as loss of the option premium or a fee. It is a legally more complex document, notarial guidance is strongly recommended.
Which formula suits your situation best?
Every sale is different. We guide you personally and help you make the right choice, tailored to your timing, financial situation and expectations.
When do you, as the buyer, get the keys to your home?
The notarial deed determines when ownership transfers, but not always when the buyer can actually use the property. That depends on the specific situation and on the arrangements in the agreement.
Important: in a standard sale the buyer gets use of the property from the deed. But with a tenant, a seller who stays on, or use before the deed, it is different. That is why those arrangements must always be clearly set out.
What is the standard?
In the classic sale, the seller keeps use of the property until the notarial deed. From the deed, the buyer effectively gets use of the property. That is usually the clearest arrangement and best matches the usual sales practice.
When does this differ?
There is still a tenant in the property.
The seller stays on temporarily after the deed.
The buyer already gets access or use before the deed.
View your situation below
First choose the situation at the deed, then select what applies. You will immediately see who uses the property between agreement and deed, at the deed and afterwards.
Who uses the property between agreement, deed and afterwards?
First choose the situation at the deed. Then select what applies here. We then show the outcome and the overview of the three moments.
1What is the situation at the deed?
Make both choices first to see the outcome.
Short summary per situation
Below you will find, once more in brief, the most common situations in which ownership and effective use of the property do not transfer at the same moment.
Empty at the deed: the buyer normally gets use of the property from the deed.
Limited access before the deed: the buyer may already enter the property before the deed, but full use only passes later.
Use before the deed: the buyer already uses the property before the deed, while ownership passes later.
Rented at the deed, short term: the tenant keeps using the property until the end of the lease.
Rented at the deed, 9 years: the buyer can usually only use the property themselves later.
Rented at the deed, lifelong lease: the buyer can in principle not use the property themselves while the lifelong right runs.
The owner leaves at the deed: the buyer gets use from the deed.
The owner stays temporarily after the deed: the buyer becomes owner at the deed, but only gets use later.
This information is based on common practice in Belgium and may vary depending on the specific file, the content of the agreement and the applicable regulations.
Frequently asked questions
What must a valid offer definitely include?
The identity of the buyer, a precise description of the property, the offered price, the validity period of the offer, and the date and signature. It is best to also add a suspensive condition for financing, clarity on when you want use of the home, and an explicit mention of a garage, parking space or storage.
What is the difference between a compromis and a purchase-sale promise?
With a compromis the sale is final on signing and all obligations are fixed immediately, with registration duties within 4 months. With a purchase-sale promise you are only committed on exercising the option or at the deed, and registration duties are only due on the actual sale. That gives more time for financing or selling your own home, but it is legally more complex and notarial guidance is strongly recommended.
When does the buyer get the keys to the home?
In a standard sale the buyer gets use of the property from the notarial deed. The deed determines when ownership transfers, but not always when the buyer can actually use the property. With a tenant, a seller who stays on, or use before the deed, it is different.
What if there is still a tenant in the property?
The tenant keeps using the property. At the deed the buyer becomes owner and takes over the ongoing lease. The tenant can then stay in the property until the end of the lease.
May the buyer use the property before the deed?
That is possible, but the buyer then uses the property early and at their own risk, subject to clear arrangements. Ownership only passes at the deed. Because ownership and use do not coincide, it is important to set out those arrangements properly.
Personal guidance from offer to keys?
Every sale is different. We guide you personally and help you make the right choice, tailored to your timing, financial situation and expectations.